Legislature(2005 - 2006)
04/22/2005 02:48 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB53 | |
| HB12 | |
| HB7 | |
| HB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 12
An Act relating to televisions and monitors in motor
vehicles.
*REPRESENTATIVE MAX GRUENBERG, SPONSOR, noted that the
purpose of the bill is to prevent operators of motor
vehicles from watching television, video, and any other
programming, making it a crime. Furthermore, the bill would
make it a crime to install a device capable of being viewed
while the vehicle was in operation.
Representative Gruenberg provided a sectional analysis:
· Section 1 amends AS 28.35, adds a new section.
· Paragraph (a) sets forth the general rule that a
person shall not drive a motor vehicle while
watching television or video. The elements of the
crime of "driving with a screen operating" are
enumerated.
· Paragraph (b) prohibits installing or altering a
video display in a motor vehicle that can be viewed
by the driver while the vehicle is moving. The
paragraph goes on to provide for specified means of
disabling the equipment lawfully.
· Paragraph (c) provides specific exemptions to the
general rule including cell phones and equipment
that are in the nature of aides to navigation or
operation.
· Paragraph (d) makes it clear that the bill is not
intended to cover equipment installed in an
emergency vehicle or motor vehicle providing
emergency service or roadside assistance.
· Paragraph (e) establishes an affirmative defense so
long as proper equipment is installed.
· Paragraph (f) prescribes the types of crimes that a
person who is in violation of the law will face
under various circumstances including injury and
death of another.
· A person who violates the law is guilty of -
(1) Class A misdemeanor;
(2) Class C felony if as a result of that violation
another person suffers a physical injury;
(3) Class B felony if as a result of that violation
another person suffers a serious physical injury;
(4) Class A felony if as a result of that violation
another person suffers death.
· Paragraph (g) prescribes the crime and punishment of
a person who installs equipment in violation of the
law.
· Section 2 of the bill sets forth an effective date
of September 1, 2005.
Representative Gruenberg offered to answer questions of the
Committee.
4:15:50 PM
Representative Kelly worried about the future of utility
trucks using screens in their vehicles. He cautioned that
the legislation could be too restrictive. He anticipated
that future cabs, police cars and utility trucks could have
"stuff" blocked by the legislation.
Representative Gruenberg pointed out that those types of
concern would be exempted in language on Page 2, Lines 5-13,
and was language specifically added at the request of the
industry. Navigational and vehicle equipment must be legal.
Representative Gruenberg emphasized that a lot of time had
been taken to address those concerns adequately.
4:18:38 PM
Vice-Chair Stoltze mentioned police "ride-a-longs" in cars
with digital screens and computers, and was concerned that
the legislation would affect that. Representative Gruenberg
stated that there was nothing included regarding police
and/or emergency printouts.
Representative Croft thought that language on Page 2,
Subsection (D), Lines 14-16, equipment installed in
"authorized emergency vehicles" would address Vice Chair
Stoltze concerns.
4:20:33 PM
Representative Gruenberg offered new language for authorizing
specific vehicle exemptions.
Representative Kelly was worried about all the "common sense"
being excluded through language in the bill.
Representative Hawker agreed that the legislation could lead
the State down a "dangerous road by restricting some common
sense language". He asked if the prohibition makes it a
crime to drive with a screen or "visible display", and about
hand held devices.
Representative Gruenberg responded that it would be any
device installed and visible to the driver while operating.
Representative Hawker thought a more dangerous device could
be a handheld one.
4:24:16 PM
Vice-Chair Stoltze indicated his concerned with the impact of
the legislation on hand held devices.
Representative Kelly asked if there was something in the bill
that could address "basic speed".
4:25:48 PM
Representative Gruenberg responded that the original bill
would have made it illegal to watch a screen while driving,
which would be difficult to prove. In the current version,
it would be illegal to drive while on and in a position to be
viewed. That could be negligent driving. The penalties
recommended track the ones cited for traffic homicides. He
hoped the legislation would save lives.
4:27:18 PM
Co-Chair Chenault understood the intent. He referenced
Section 1 (3), "monitor or visual display operating while a
person is driving". He asked about driving maps located on
car dashboards. Representative Gruenberg pointed out the
exempted items listed on Page 2, which include navigation
equipment. The legislation was based on model law drafted by
the industry. Co-Chair Chenault thought the legislation
would single out a small amount of equipment and as
technology increases, there would be more accidents.
Representative Kelly mentioned cameras for blind spots on
huge trucks. He warned that the bill attempts to be modern,
but submitted that because of the technological movement, it
could be outdated soon.
4:32:25 PM
Representative Gruenberg commented there would only be a few
cases prosecuted under the proposed law. The situation could
be difficult to prove, however, the legislation attempts to
clarify that if proven, there is punishment.
Representative Croft thought that the area mentioned by
Representative Kelly was Section (E), Page 2, exceptions for
providing visual information. He concurred with the question
if the legislation was the correct approach and questioned if
it was right to categorically define negligence with the use
of equipment. He said that is what juries are for, to hear
and listen to those concerns. He supported making it illegal
to attach TVs in cars.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
acknowledged it was difficult to write the legislation. She
interpreted a police vehicle as an emergency vehicle. The
Department of Law does support the legislation.
Ms. Carpeneti pointed out that the penalties track various
ones already existing within the judicial system. She
acknowledged that proof would be difficult and offered to
answer questions.
4:38:15 PM
Representative Kelly inquired what law currently covers
these concerns. Ms. Carpeneti explained that the case in
Kenai was prosecuted as manslaughter, which is any death
caused intentionally or recklessly that amounts to murder.
Representative Croft voiced concerned with categorizing
recklessness. The device was installed and operating. If
the driving caused the death of another, he asked the causal
link between the conduct of concern and that which lead to
the injury or death.
4:40:47 PM
Representative Gruenberg noted that there could be unusual
circumstances and if there were, he doubted that the person
would be prosecuted. It would be impossible to prove the
"watching".
4:42:06 PM
Representative Holm asked about "altering the vehicle".
Representative Gruenberg replied that would be indicated in
Subsection (B), Page 1, Line 14, which is not currently a
crime. Representative Holm commented on good common sense,
pointing out how reckless endangerment and driving are
already covered in law.
4:44:16 PM
Representative Gruenberg agreed that the State could
eliminate all laws except for the basic speed limit;
however, the reason that there are other laws is to provide
basic certainty. Not everyone has good common sense.
Vice-Chair Stoltze inquired if the Department of Law would
have taken the approach proposed in the legislation. Ms.
Carpeneti pointed out that Paragraph 2, Lines 9-11, does not
close the door to similar means. It is difficult to specify
different types of technology and that the proposed
legislation includes other means of creating a visible
display. She summarized that the Department would have
crafted and does support the legislation.
4:46:54 PM
HB 12 was HELD in Committee for further consideration.
4:47:35 PM
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